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2436 · ~ ~~ ",p-:- ''''-'~t1 ~. ') ~" ---~- . .~. ~ h 1. Johnson, Clerk j , - ._--- --iLJ4--- J/lo A. ochafer, Harden I/£ AD a, third time and finally passed this 15th day of December, 1976 IIEAD IlEAl) I~O'¡i,j T!nmEFORE it is hereby enacted tha.t the Vla.rden and_ Clerk of the County of Elgin be a.nd are hereby empowered to sign the Collective Agreement (hereto a.ttached as Schedule A between the County of Elgin and the London and District Building Service Workers' Union, Local 220, S.E.I.U., A.F. of L., C.I.O., C.L.C., setting forth collective baxgaining relations, disposition of grievances and to define working concH tions and terIlls of employment for all employees of Elgin Manor, represented by the said Union a. a second first time time this this .1 15th 5th day of December, day of Dece¡¡ùJer, 1976. 1976. both while as set AND\ŒEIIEAS agreement has now been reached by pa.rties to a number of The Articles in the Agreement other cuticles have been settled by binding Arbitration out in the Arbitration' A.vard dated October 18th, 1976. l\ND vnmIIEAS negotiations höve töken place over a period of time, between the County a.nd the Union, tm·rards establishing orderly collective bargaining relations and providing an orderly procedure for the disposition of grievances and defining working conditions and terms of employment for all employees who are represented by the Union, in the form of a Collective Agreement. ìr/fIEl/EAS' the London and Disi:rict Building f3ervice Workers' Union, Local 220, by certific<'J.te dated December 20tn, 1972, is the certified bargaining <'Jgent for the employees of Elgin Manor, save <'Jnd except Supervisors, persons a.bove the rank of [3upervisor, l~eqistered Nurses, Office Staff, persons regularly employed for not more thmt bventy-four hours per week, and students employed during the school v<'J.cation period I:':Ei3PECT r.eo -,-~._._- 1'1 AND LONDON .lum DIS'ŒIC'l' BUILDING SElNICEI.:fORKEI<S' UNION _._______.___.____.___.__.______.__.______ ___C=::.L ..e.. E ·l~~,_J\. F~_()L_~...I-9. I "Iv LOCAL 220 __._______0:..1_. IE C01êPO!i1\.'l'ION'S EMPLOYEES AT 'THE ELGIN lVíi\Nü1ê. ,._~----_._-,_.~----,-...._~--_._--_.~--- O. C.L.C ..':....L-___ ITH " "BEING 1\ BY -Ll\1J1 m AUT'HOInZE TIm EXECUTION OF 1\ --~-...~-..- --~--_._-,-,---"_...... AGlIEEMENT BE'I'\rJKlW 'I'IŒ C01'i:P0I2ATIUN OF THE COUNTY ----..,~--"'-_.._.,_._._._._--~--~-~--~-~_.- OF C..9LI"EC'£.IVE ELGIN ,--~- r~'£ By-Law .."..."'----.;,;.."-,._~";_...,_.~~"...."""~~~--.;,..-- COUNTY No OF 2436 ELGIN -~ '"----- "-. fi;;. " 1;his Agr~ement sha.ll not a.pply to residents of the Elgin Ma.nor who perform services as therapy, provided, however that the use of residents as out~ined above shall not be used to reduce the number of staff 2.02 All part-time employees oftne Employer who are regularly employed at the Elgin Manor at the Township of Southwold for not more than twenty-foul" hours pel" week, and students employed during the scho.ol vacation pedod,save and .exceptSupervisors, persons .above .the rank of Supervisor Registered Nurses, Office Staff, persons regularly employed for more .than twenty-fpur hours per week. The Employer recognizes the Union Bargaining Agent for 2 . 01 as the sole Collective ARTICLE 2 The general purpose of this agreement is to establish orderly collective bargaining relations between the Employer and its part-time employees at the Elgin Manor and to provide an ()rderly procedure for the disposition of grievances and to define working conditions and terms of employment for all part-time employees who are covered by the provisions of this agreement UNION RECOGNITION 1 01 ARTICLE 1 - GENERAL PURPOSE NOW THEREFORE THIS AGREEMENT WITNESSETH WHEREAS the Union by certificate dated the 30th day of September, 1974 is the certified bargaining agent for employees of the Corporation of the County of Elgin regularly employed at the Elgin Manor for not more than 24 hours a week, and students employed during the school vacation period, save and except Supervisors, persons above the rank of Supervisors, Registered Nurses, and Office Staff. LONDON AND DISTRICT LOCAL 220, S.E.I.U. (hereinafter called SERVICE WORKERS A.F.L" C.I.O., The Union") UNION, C. L. C. ., AND THIS AGREEMENT MADE THE 1st DAY OF MARCH, 197ß BETWEEN: THE CORPORATION OF THE COUNTY OF ELGIN (hereinafter called "The Employer") with respect to the Corporation's part-time employees at the Elgin Manor, Township of Southwold Page 2 2.03 (a) The Employer agrees that there shali be no intimindation, interference, restraint, or coercion or practised by the Employer or by any of its representatives with respect to any person(s) because of membership or nøn-membership in the Union, and that membership in the Union by part~time employees who are eligible to join will not be discouraged. . (b) The Union agrees that there shall be no discrimination, intimidation , interference, restraint or coercion exercised or practised upon management representatives of the Employer by any of its members or representatives, because of membership or non-membership in the Union, and that there shal be no Union activity, solicitation for membership or collection of dues and assessments on the Employer's time and no meetings on the Employer's premises except with the permission of the Employer or except as otherwise hereinafter provided, 2.04 The Employer agrees to bargain only with the Union concerning part-time employees in the bargaining unit described in Clause 2.01 and the Employ~r undertakes that it will not enter into any other agreement with the said part-time employees either individually or collectively, which will conflict with any of the provisions pf this Agreement. ARTICLE 3 - MANAGEMENT RIGHTS The Union acknowledges that it is the exclusive function of the Employer to: 3.01 Maintain order, discipline and efficiency. 3.02 Establish and enforce rules and regulations necessary to maintain order, discipline and efficiency and generally govern- ing the conduct of the part-time employees, provided these rules and regulations shall not be inconsistent with the provisions of this agreement. It is agreed that prior to introducing new rules and regulations the Employer will inform the Union Committee of such rules and regulations. 3.03 Hire, discharge, promote, demote, transfer, classify or discipline employees, provided that a claim of a discrim- inatory transfer, promotion, demotion, or classification or a claim that an employees has been discharged or disciplined without reasonable cause may be the subject of a grievance and dealt with as hereinafter provided. 3.04 Exercise any of the rights, powers, functions or authority i which the Employer had prior to the signing of this Agreement except as those rights, powers, functions or authorities are specifically abridged or modified by this Agreement, and without restricting the generality of the foregoing, the Employer retains the right to generally operate the Home in a manner consistent with the obligations of the Home to the general public in the community served > r."....-"'-',v-._"'_c.- ..cc___,. -..-..----....-.-,-------,- .- -.-_._ '--J Page 3. 3.05 Refuse to carry out any term of this agreement in case of any labour dispute or condition arising beyond the control o'f the EmplQyer. 3.06 Reserve the right to limit, prohibit, prevent or otherwise control political activity on the Employer's premises. ARTICLE 4 - STRIKES AND LOCKOUTS 4.01 In view of the ordérly procedure established herein for the disposition of complaints and grievances, the Employer agrees that it shall not cause or direct a lockout of the employees covered by this Agreement or any extension thereof and the Union agrees that there shall be no strikes or other collective action which will stop or interfere with the operation of the Home for the duration of this Agreement or any extension thereof. 4.02 Strike includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding or a slow down, stoppage, labour holiday, continuous meeting or other concerted activity on the part of the employees designated to restrict, limit or otherwise interfere with the operation of the Home or entry to the Employer's property. 4.03 In the event of a strike in breach of this Agreement the parties shall not discuss the grievance alleged~y causing such a strike or any other grievance until such strike is terminated. ARTICLE 5 - UNION RECOGNITION 5.01 The Employer acknowledges the right of the Union to appoint or otherwise elect one Union representative and the Employer will recognize the said Union representative in all matters properly arising from time to time under the terms and during the continuance of this Agreement, including the negotiations for, or renewal of, this A9reement. 5.02 It is agreed that the Union Representative of Local 220, London and District Service Workers' Union may be present with the Union representative at his/her request during any meeting with the Employer. 5.03 The Union acknowledges and agrees that the Union representative has regular duties to perform in connection with his or her employment and all activities of the Union representative will be carried on outside regular working hours unless otherwise mutually agreed or as otherwise provided for und~r th is Ag reement. 5.04 Employees shall be eligible to serve as a Union representative upon completion of their individual probationary period ì , 1 ¡ t , l' , ! ---"-....-.t--~~.~~__:._-,._------.-.____.....c:.._'. ___0:.-,.-' -_._,........,....-;.~-_._.~..__,_...._..._A,_~.--.. Page 4.. 5.05 The Union representative and the Employer shall meet once each month at times mutually agreed upon 1 providing there is business for their joint consideration. Necessity for a meeting will be indicated by letter from either party to the other party, containing ,an agenda of the subjects to be discussed. 5.06 The Union agrees to supply the Employer with the name of the Union representative and will keep such information up to date at all times. ARTICLE 6 - COMPLAINT PROCEDURE 6.01 It is the mutual desire of the parties hereto that complaints of part-time employees will be adjusted as quickly as possible, and it is understood that a part- time employee has no grievance unless the complaint has been referred to his immediate Supervisor within five (5) working days of the commencement of the occurance causing the complaint. In making the complaint to the Supervisor, the employee may, if he so requests, be accompanied by the Union representative. 6.02 It is understood that a part-time employee has no grievance until he has first given his immediate Supervisor an opportunity of adjusting his complaint. 6.03 The part-time employee's Supervisor shall give an oral decision to the complainant within three (3) working days. ~CLE 7- GRIEVANCE PROCEDURE 7.01 Definition: For the purpose of .thi,s Agl'eement, "Grievanceu is defined as a~ispute,claim, or complaint involving the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter .isarbitrable. 7.02 Pr'ocedure: The grievance procedure shall be as follows: If a part-time employee believes that a complaint has not beèn sätlsfacto~ily ~djusted, the complaint shall be reduced to writing, on a form. approved by the Employer and shal be· deemed to b. & grievance, 7.03 Step 1. The written grievance signed by .the employee shall be presented to his immediate Supervisor wi thin five (5) working days of the ~upervisor'~.replyto the complaint. The Union representative of the aggrieved employe may, at .t.he request of the gr i.evor, be Presel:1t, when. the gr,ievance is pre.sented to the immediate Supervisor. The Supervisor shall give his answer in writing within three (3) w.ork:ing days following receipt of such grievanc.e. SteP 2, In ,the evel:1t the part~time employee is 1:10t satis- fied, the aggrieved employee, accompanied by ·a Un ion Representative, within three (3) working days .ofth.e Supervisor's reply may refer the,grievance to the Administrato or his designated representative. Should no settlement satisfactory to the employee be reached within three (3) working days, the next step in the grievance procedure may be taken at any time within three 3) working days thereafter \' ! '.' -- '"'''~ '- .,' -: . "~~.i':"""'-~~""~'.'-~"'~'^-__.~._c__:_:_.c----"'-.t._, !2.!~ . Fai~ing a satisfactory settlement in Step 2 the aggrieved employee may submit his grievance to the Employer for discussion at a special meeting of the Union and the Management Committees. The special meeting shall take place within ten (l0) calendar days following the submission of the grievance to the Employer or at a time mutually agreed upon in writing. The reply of the Employer shall be given three (3) working days following such meeting. Step 4. If the grievance is not settled to the satisfaction of the employee, then the grievance may be referred to arbitration providing any such notice of appeal must be filed with the Administrator or his designated representative, within ten (l0) calendar days of the reply of the Employer under Step 3. 7.04 No grievance may be ~ubmitted to arbitration which has not been properly carried through all previous steps of the grievance procedure within the specified time limits. 7.05 Any time 1 imits referred to as working days in the Complaint or Grievance Procedure, or any subsection thereof, within which any procedure is required to be taken or notice is required to be given shall be calculated exclusive of any calendar Sunday, Paid Holiday within the meaning of this Agreement and any day on which the employee concerned is not working as the result of a regularly scheduled day off. ARTICLE 8 - ARBITRATION 8.01 If either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party and shall contain the name of such party's nominee to the Board of Arbitration. The other party shall within ten (10) days thereafter nominate its member to the Board of Arbitration and the two so nominated shall endeavour within ten (10) days after their appointment to agree upon a third person to act as Chairman of the Board of Arbitration. If the parties are unable to agree upon a third person within ten (l0) days after their appointment then a third person shall be appointed by the Chairman, Ontario Labour Management Arbitration Commission. 8.02 (a) No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. (b) An arbitrator or arbitration board may extend the time for the taking of any step in the grievance procedure under this collective agreement, notwithstanding the expiration of such time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension , , , I \ , ..j ç ,. ~ Ji:~..1. J'__<L~~~-::--~~,_ !~'~~~:-:--\--:.;~'~-~-'~~-......---~-.._~----- -Page 6. 8.03 No person shall be selected as an arbitratorwhohàs er directly involved in attempts to negotiate or settle the grievance. 8.04 Each of the parties hereto shall pay the expense of the i r own nominee and one-half of the fees and the expenses, if any, of the Chairman. 8.05 The Board of Arbitration shall not have jurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions thereof, nor to give any decisions inconsistent with the terms and provisions of this Agreement, nor to deal with any matter not covered by this Agreement, and shall make a decision in conformity with the terms of the submission to arbitration, which means that the Board shall interpret the actual rights of the parties to the Agreement. 8.06 Proceedings before the arbitrators shall be expedited by the parties hereto. The decision of the Board of Arbitration shall be final and binding on both parties to this Agreement. 8.07 Any grievance involving the interpretation or application of this agreement which has been disposed of hereunder shall not be made the subject of another grievance. 8.08 Nothing in this Agreement shall prevent the parties to this agreement from agreeing on a single arbitrator to hear and decide any matter which may be referred to arbitration. If the parties agree to the use of a single arbitrator then the cost of such arbitrator shall be shared equally by the parties. 8.09 At any stage of the complaint or Grievance Procedure, including arbitration, the parties may have the assistance of the employee or the employees concerned as witnesses. ARTICLE 9 - GRIEVANCES BY EMPLOYER OR UNION (POLICY GRIEVANCE) 9.01 Any difference arising directly between the Employer and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance in the following manner. 9.02 In the case of such grievance by the Union it is t.o be sub- mitted to the Administrator or his designated representative who shall provide a written answer within five (5 ) working days after its presentation. \\]Íthin five (5) working days after receipt of the decision of the Administrator or his designated representative, the grievance may be processed through Step 3 of the Grievance Procedure and may be submitted to arbitration in accordance with the arbitration provisions of this Agreement " Failing settlement of such special grievance under foregoing procedure, the g~ievance maybe referred arbitration within seven (7) calendar days of the of the Employer for final and binding settlement the parties \~ reply upon I I the to 10.05 Such special grievance may be settled by confirming the Employer's action in dismissing the employee or by reinstating the employee with or without compensation, or with or without loss of seniority, or in such other manner as is deemed just and equitable in the Dpinion of the conferring parties. Back pay awards shall not, however, exceed the amount which the employee would normally have earned calculated on straight time during normal work schedule less any money earned in other employment his 10.04 A special meeting between the Employer's Management five (5) working days of at any time mutually by the parties the Union Representative and Committee will be held within receipt of such special grievance agreed upon and confirmed in writing or 10.03 Such special grievance to .be considered, must be presented to the Administrator or his designated representative by the Union representative within five (5) calendar da.ys after the employee ceased to work for the. Employer or receipt of discharge notice, whichever first occurs, otherwise the same will not be considered 10.02 A claim by a permanent employee that he or she has been unjustly discharged shall be treated as a special grievance, if a written statement of such special grievance is lodged by the employee 10.01 ARTICLE 10 It is understood that no complaint may be treated as a Policy Grievance which is properly the complaint of an employee(s), which complaint shall be processed under the Complaint and Grievance Procedure as provided in Articles 6 and 7 DISCHARGE CASES 9.05 It is understood that no party unless the Policy Grievance has other party as herein provided days of the commencement of the Policy Grievance has a been within Policy Grievance referred to the fourteen (14) occurrence causing calendar the I'~"""'*;'; 9.04 9.03 ....'i:J"'" In the ~ase of such grievance by the Employer.~t shall be presented in writing to the Union and the parties sha.1.l within five (5) working days thereafter meet to discus such grievance. The Union shall provide its answer to the Employer in writing stating reasons within five (5) working days of such meeting. Failing settlement, the Employer may submit the grievance to arbitràtion in accordance with the arbitration provisions of this grieva.nce -----.-.._-:;--_.~~-~- ------,<--..-.. I'j !J C ii '!'ij )... .} '...:!,~ ARTICLE 11 UNION SECURITY 11.01 All present part-time employees who are members of the Union shall remain member$ in good standing for the duration of their employment during the term of this Collective Agreement. 11.02 Each new part-time employee shall be required to sign the dues deduction authorization form set forth in this Article provided, however, that such authorization with respect to new employees shall become effective upon the first regular dues deduction date following the first thirty (30) calendar days after the part-time employee's last date of commencement of employment. 11.03 All new part-time employees covered by th is Agreer.1ent, on completion of their probationary period, may voluntarily become members of the Union arid upon becoming members of the Union shall remain members in good standing for the duration of their employment as a condition of employment during the term of the Collective Agreement. 11. 04 The Employer agrees that a Union representative shall be given the opportunity of interviewing each new part-time employee once upon completion of six ty (60) work days of employment for the purpose of' informing such part- time employee of the existence of the Union in the Home and of ascertaining whether the part-time employee desires to become a member. The Employer shall advise the Union from time to time as to the names of the persons to be inter- viewed and the time and place of such interview, the duration of which shall not exceed ten (10) minutes. The interview shall take place on the Employer's premises, in a room designated by the Employer, and the part-time employee shall report to this room for interview, during the interview period. 11. 05 The Employer agrees, upon receipt of written authorization to deduct Union Dues during the term of this Agreement from the first pay due each calendar month from all part- time employees, as duly designated by the Secretary- Treasurer of the Local Union, and to remit same not later than the 22nd day of the same month to the Financial Secretary of the Local Union, Local 220, Londen and District Service Workers' Union. The Employer shall, when remitting such dues, list the names, amount of dues of the employees from whose pay such deductions have been made " ~ " y"....::. ..·.w._'"".._ " , < "..' ......::.'..:.." ____~..,.L.... ",-,,_.__ ....__'_..,,---' .. , .,.:""'\'.:. .. ',. .. .. '., ,'.. .. ',. ,,', .... .-"-"--',.-'-"-',"'-. :r;n .." l;;Jage 9. 11.06 The above-mentioned authorization for Shall be as follows: Authorization Card for Union Dues ~heck Off THE LONDON AND DISTRICT SERVICE WORKERS' UNION LOCAL 220 S.E.I.U. Date NAME ADDRESS I hereby authorize and direct the Corporation of the County of Elgin to deduct from my first pay in each month from any earnings accumulated to my credit the amount of the Union monthly membership dues that are uniformly levied upon all members in accordance with the Constitution and By-laws.of the Union, or any minutes authorizing changes in dues. Such amounts are to be certified to the Employer by the Financial Secretary of the Union by Affidavit from time to time. I further authorize you to remit the money so deducted to the London and District Service Workers' Union, Local 220, whose receipt therefore shall constitute a good and sufficient discharge of The Corporation of the County of Elgin for the amount so deducted from my earnings. This authorization shall continue in full force and effect for the duration of my employment in a position covered by the Collective Agreement between the Employer and the London and District Service Workers' Union, Local 220. WITNESS SIGNATURE 11.07 New employees shall have deductions for Union Dues made from the first pay of the month fOllowing the first thirty (30) calendar days of employment. ARTICLE 12 - SENIORITY 12.01 Seniority is defined as the number of days worked with the Employer and will be acquired when a part-time employee has completed sixty (60) calendar days of work, such seniority shall date from the commencement of employment, and will accumulate thereafter. Part-time employees will be regarded as probationary part-time employees until they have acquired seniority as aforesaid and shall have no right to grieve by reason of dismissal. 12.02 The Employer undertakes to observe seniority of employees with regard to promotion, demotion, transfers, lay-offs and recalls, provided the senior employee possesses the necessary qualifications and experience to perform the work available " I, II 1 12.03 The Employer and the Union recognize that the ability and efficiency of individual employees govern to a large extent the safety and comfort of the -res idents. 12.04 Seniority lists will be posted on the Union Bulletin Board and will be revised at least semi-annually according to the records of the Employer. Seniority as posted will be deemed to be final and not subject to compl~int unless such complaint is made within thirty (30) days from the first date of posting of each new list. 12.05 The Employer will supply copies of the Seniority list to the Union representative and the Local Union office. 12.06 Employees who are laid off will be retained on the seniority list for a period of twelve (12) months. If during that period, they are recalled to work, they must signify their intention to do so within three days (excluding Sundays and holidays) of the date of the notice of recall, and shall, in fact, return to work within a further five (5) days, or they shall forfeit their claim of employment. Temporary employees may be taken on to fill emergencies. Notice of recall shall be given by the Employer by sending notice to the employee's last known address on the records of the Employer. 12.07 In the event the Employer shall hire an employee as a full- time employee, who prior to such hiring has rights of seniority with the Employer as a part-time employee, the seniority of such employee shall be recognized and applied for all the rights and privileges of seniority. In the event a full-time employee reverts to part-time service all seniority rights shall carry with that employee. ARTICLE 13 - LOSS OF SENIORITY The seniority of a part-time employee shall be considered broken and all rights forfeited, and there is no obligation on the Employer' to re-hire when: 13.01 Employment is terminated for any reason. 13.02 A part-time employee overstays a leave of absence granted by the Employer without securing an extension of leave. 13.03 A part-time employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 13.04 A part-time employee is absent for three consecutive working days without advising the Employer and securing a leave of absence. 13.05 A part-time employee is discharged for cause and the discharge is not reversed through the Grievance Procedure 13.06 A part-time employee is laid off for a period in excess of twelve continuous months " ~ ..~-~- ì it " J The part-time employees shall sign a guaranteed stand-by list, which list shall be for the fOllowing two week period Those part-time employees who sign the list are to be prepar€c to be called to work during the said two week period, regard- less of their respective seniority and will work if called- in. The part-time employees shall rotate their names on this list consecutively such that each part-time employee receives an equal opportunity to be on stand-by. The Employe shall refer to the stand-by list when calling in part-time employees for work and shall not be required to call in a part-time employee with more seniority unless the Employer is unable to obtain a part-time employee from the list 14.07 A part-time employee must give two hours' notice of his inability to be on any shift commencing after 12:30 p.m. and before 4:30 p.m. and any shift commencing after 10:30 p.m. and before 12:30 a.m., and in respect of any other shift at least one hour's notice shall be given, provided however, that if there be an emergency and notice, by reason of the said emergency, is not given. this requirement will not be enforced 14.06 The Employer will endeavour to give two hours notice when calling in a part-time employee for any shift provided, however, that if there is an emercency and notice by reason of the said emergency is not given this requirement, will not be enforced 14.05 The Employer does not guarantee to provide work part-time employee for regularly assigned hours any other hours for any or for 14.04 Punching in or out of another employee's time card is prohibited and so doing by an employee shall be the subject of immediate disciplinary action against the employee. If an employee accidentally punches a time card of another employee, the Supervisor shall be notified immediately, otherwise it shall be deemed that such time card was not punched accidentally 14.03 It is understood that employees may be required up to, and including, seven (7) consecutive days employee shall receive two consecutive days off in departments where posted work schedules work Every except proved otherwise 14.02 The normal work with twenty (20 shift for lunch day shall minutes without consist allowed loss of of on pay eight (8) each eight to hours (8) hour 14.01 ARTICLE 14 The Employer will give consideration to a part-time employee who is unable to comply with Articles 13.02 and 13.04 due to circumstances beyond the employee's control HOURS OF WORK 13.08 A part-time employee fails to notify the Employer within three days of notice of recall following a laY-Off (excluding Sundays .nd holidays) or fails to return to work within a further five days 13.07 ."',' "".. . . ...",.. .-~'-'--~~--'-_.------_.._,--->,--..--, /i'/:": Page 11. -'-"-~-'--"-_.""'---~ .-------"-~-'---.------,----- -----------0--__..___.____ Page 12. ARTICLE 15 - OVERTIME 15.01 Overtime authorized by the Employer shall be paid at the rate of time and one-half of the employee's basic straight time hourly rate for all hours worked in excess of 8 hours per day. ARTICLE 16 - PAID HOLIDAYS 16.01 Effective January 1, 1977 all part-time employees will he credited with pay computed at straight time for each of the fOllowing paid holidays: New Year's Day Civic Holiday Second Monday of February Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Dominion Day provided that: (a) The part-time employee has earned wages on at least twelve (12 ) days during the four work weeks immediately preceding the holiday. (b) The part-time employee is not absent on the paid holiday after be in g scheduled to work. 16.02 Part-time employees required to work on a paid holiday shall be paid at the rate of time and one-half of the employee's regular pay for work performed on such holiday, in addition to the employee's regular pay. 16.03 It is understood and agreed that a part-time employee is entitled to receive the benefits provided in this Article for work performed on a Paid Holiday only where the majority of the hours worked by the employee on his sh i ft fall on the Paid Holiday. ARTICLE 17 - VACATION PAY 17.01 For the purpose of computing vacation pay entitlement, the vacation year shall begin on January 1st and end on the following December 31st. 17.02 The Employer shall pay the employee an amount equal to 4% of the total' wages earned by the employee during the twelve (12) month period prior to December 31st. 17.03 Where at December 31st, a part-time employee who has completed 8,320 hours of work (equivalent to 4 years of continuous service) shall receive va~ation pay calculated at 6% of the total wages earned during the immediately preceding twelve month period r'""' I f r, " I il rF t Where at December 31st, a part-time ·employee who has completed 24,960 hours'of work (equivalent to 12 years of continuous service) shall receive vacation pay calculatE! at 8% of the total wages earned during the immediately preceding twelve month period. Where at December 31st, a part-~ime employee who has completed 52,000 hours of work (equivalent to 25 years of continuous service) shall receive vacation pay calculated at 10% of the total wages earned during the immediately preceding twelve month period. 17.04 Vacation pay shall be based on the employee's regular rate of pay and shall not'include overtime or other increments. 17 .05 Every part-time employee who does not otherwise qualify under the provisions of this section shall be paid in accordance with "The Employment Standards Act." ARTICLE 18 - PERSONAL LEAVE OF ABSENCE 18.01 The Employer may grant leave of absence without pay to any part-time employee for legitimate personal reaons. 18.02 Part-time employees who are on leave of absence will not be considered to be laid off and their seniority shall continue to accumulate during such absence. ARTICLE 19 - UNION LEAVE OF ABSENCE 19.01 Union Leave will be granted for seminars and conventions subject to the fo llowi ng conditions: (i) A maximum of two part-time employees only will be granted such leave at one time; ( ii) No part-time employee shall be given such leave on more than four occasions in a calendar year; ( iii) Such leave of absence shall be for a maximum of fourteen (14) days; (i v) Applications for such leave of absence shall be made to the Administrator at least thirty (30) days in advance of such leave; (v) Such leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of absence. 19.02 Part-time employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this Agreement " I , If a part-time employee is transferred by the Employer one department to another on a permanent basis, the departmental seniority the employee had accumulated in his former department shall be credited to his departmental seniority in his new department 22.05 from If no applications from employees or, in the opinion of for such vacancies in any manner it sees to fill such vacancies are received if the applicant or applications are not the Employer, considered to be suitable then the Employer may fill the vacancy fit 22.04 Any successful applicant will be selected within a reasonable time after such posting and the Employer will as soon as the successful applicant has been advised of his selection, notify the unsuccessful applicant or applicants that the position has been filled 22 03 A part-time employee who wishes to apply for any posted vacancy shall make application in writing on forms supplied by the Employer for the .purpose during the period of five (5) working days mentioned in Article 22.01 and shall set out his qualifications in his application. Applicants will be selected on the basis of qualifications and experience to perform the work available. In cases the above considerations are dee~led by the Employer equal as between the applicants and the applicants capable of performing the work seniority shall be the determining factor where to be are 22.02 The Employer will post all jobs on the Union bulletin remain posted for a period in the opinion of the Employer not allow sufficient time for to be followed. The notices first day after the vacancy initial vacancies or new board and such notices shall of five (5) working days, unless emergency exists that does above-mentioned procedure be posted on the job occurs an the shall or new 22 01 ARTICLE 22 Effective October 18, 1976 (Arbitration Award), to compensate for the welfare benefits not granted to part-time employees, a benefits allowance shall be added to the wage rates in each classification for part-time employees of 12% (excluding paid holidays and vacation pay) VACANCIES AND TRANSFER the 21 01 The Employer agrees to establish a notibe board use of the Union for posting 6f official notices such notices must be signed by the proper officer of the Union and must be submitted to the Administrator or his designated representative for his approval as to contents ARTICLE 21 PART-TIME EMPLOYEES BENEFITS ALLOWANCE the All 20.01 ~ . ---'--"- --'-,- ... '. " " ·---""',_.u__.·__",_·__",-,-,, ".....:...:.:........--........"'------..__.. "." "'"', <' .' Page l4· ARTICLE 20 UNION BULLETIN BOARD for ~,. "" "--.- ,~ ...·.i....".,....:..:.~ .(..._~....~..__.~___,_ _ ," ,1::"'(:·...... _,',' . '. Page 15. 22.06 A part-time employee who is transferrêd in accordarice with the procedure set forth in this Articll will be placed in the permanent Vaca.ncy for a ,trial peribd not exceeding forty-five (45) working days and if he prOVIS satisfactory he will then be confirmed in his new classification. If the employee proves unsatisfactory during that time, or if he is unable to perform his new duties, he will be returned to his former position at his former salary or rate of pay, as well as any other employee in the bargaining unit who was promoted or transferred by rea.son of such placing. ARTICLE 23 - REST PERIODS 23.01 Employees shall be granted one ten (10) minute rest period in each half shift with such time to be considered as time worked. Employees exceeding the allotted ten (10) minute period may be subject to disciplinary action. ARTICLE 24 - MEALS 24.01 The Employer shall be entitled to charge each employee for meals purchased from the Employer and to adjust the amount thereof from time to time. ARTICLE 25 - REPORTING PAY 25.01 Employees who report for work on any shift for which they have been called-in and for which they have not been notified not to report will be guaranteed at least four (4) hours pay except in case of acts of God or any labour dispute or any condition beyond the control of the Employer. ARTICLE 26 - JOB CLASSIFICATION AND RATES 26.01 It is agreed by the Employer that the part-time employee shall always be paid the same hourly rate related to his job classification as is at that time being paid to the full time employee for the same job classification and seniority. 26.02 Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and rates for all employees subject to the terms of this Agreement ARTICLE 27 - GENERAL 27.01 Nothing in this Agreement shall require the Employer or the Union to take any action which shall be unlawful by reason of applicable present or future Dominion and/or Provincial Laws rules and/or regulations " ~.... ~ .. ............... ~~-~;_____Tc--...........""-~~- .\:---..... .,!"!!~'tJ":':.).>': ' "',_,J,: "'~ '- ' ~age 16. 27.02 It is agreed that any appeal by an employee to any elected representative or any other representative of the Employer save ~s expressly provided in this Agreement shall constitute a breach of this Agreement Violation of this clause shall render an employee liab Ie to discipline, 27.03 Wherever the singular or masbuline is used in this Agreement, it shall be construed as if the plural or feminine has been used, where the context so requires 27.04 Warning or disciplinary notices or letters shall be removed from the employee's personal file after 24 months of the date of such notice of letter. 27.05 Employees who are required by the Employer to work in a higher rated classification shall be paid for all work performed at the higher rate, provided the employee works at least 50% of a regular eight (8) hour shift on the higher rated job. ARTICLE 28 -- DURATION 28.01 Except as otherwise provided this Agreement shall become effective on the 1st day of March, 1976 and shall continue in force until the 18th day of October, 1977, and from year to year thereafter, unless either party notifies the other in writing not less than thirty (30) days and not more than ninety (90) days p r io r to the expiry date of this agreement that it desires to amend or terminate this agreement. 28.02 In the event of such notification being given within the time prescribed in clause 28.01, negotiations between the parties shall begin within fifteen (15) days following such notification. DATED and EXECUTED at St. Thomas, Ontario on behalf of the parties hereto and by their duly authorized representatives, this ;2'!JrH day of ()Cí()ß~ , 1977. THE CORPORATION OF THE LONDON AND DISTRICT SERVICE ...GGlJ.[\JTY OF ELGIN (ELGIN WORKERS' UNION, LOCAL 220 /;AJJe S.E. I - ~ Warden ,/ ~~.-/~~ Deputy Clerk " r: r R.N.A. Attendant Nurses Aide Craft supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundry Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance " , 4 4 4 4 4 4 4 4 4 · · · · · 65 15 15 15 55 55 65 45 65 4 4 4 4 4 4 4 4 4 · · · 75 25 25 25 65 65 75 55 75 4.90 4.40 4.40 4.40 4.80 4.80 4.90 4.70 4.90 4 4 4 4 4 4 · · · 75 75 40 60 60 60 4 4 4 4 4 4 · · · 85 85 50 70 70 70 5.00 5.00 4.65 4.85 4.85 4.85 CLASSIFICATION START -- 1 YEAR 2 YEARS EFFECTIVE R.N.A. Attendant Nurses Aide Craft supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundry Aide Kitchen Aide Kitchen, Maintenance Driver/Maintenance First Cook Second Cook Maintenance APRIL 1 1976 4 3 3 3 4 4 4 4 4 4 4 4 4 4 4 · · · · · · · · · 55 55 20 40 40 40 45 95 95 95 35 35 45 25 45 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 · · · · · · 65 65 30 50 50 50 55 05 05 05 45 45 55 35 55 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 · · · · · · · · 80 80 45 65 65 65 70 20 20 20 60 60 70 50 70 CLASSIFICATION STÞ,RT l~B. 2 YEARS -- . EFFECTIVE JANUARY 1 1976 WAGE \..~..:..~;...~~.~..-.,--c___.~_\o."""-';'_-"'~';"'''''';''''''''_'.o--_..~ SCHEDULE SCHEDULE A" , , "---,-~--~,- î * -; I " 1 ( , , Wage Schedule Can't EFFECTIVE JULY 1,.1976 CLASSIFICATION R.N.A. Attendant Nurses Aide Craft Supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundry Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance EFFECTIVE OCTOBER 1, 1976 CLASSIFICATION R.N.A. Attendant Nurses Aide Craft Supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundr:! Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance 5 4 4 4 4 4 5 4 5 5 5 4 5 5 5 · · · 05 55 55 55 95 95 05 85 05 15 15 80 00 00 00 5 4 4 4 5 5 5 4 5 5 5 4 5 5 5 · · · · · · . . 15 65 65 65 05 05 15 95 15 25 25 90 10 10 10 5 4 4 4 5 5 5 5 5 5 5 5 5 5 5 · · · · · · · · · · 40 40 05 25 25 25 30 80 80 80 20 20 30 10 30 START 4 4 4 4 4 4 4 4 4 START -- 4.95 4.95 4.60 4.80 4.80 4.80 · · · 85 35 35 35 75 75 85 65 85 1 YEAR 1 5.05 5.05 4.70 4.90 4.90 4.90 4 4 4. 4. 4. 4. 4. 4. 4. YEAR 95 45 45 45 85 85 95 75 95 2 YEARS 2 YEARS 5 5 4 5 5 5 5.10 4.60 4.60 4.60 5.00 5.00 5.10 4.90 5.10 · · · · · 20 20 85 05 05 05 "'~'':'''0-',..-.._c~' -~ . m ---,"-_. - January 1., 1977 (~) CLASSIFICATION START 1 YEAR 2 YEARS R.N.A. 5.58 5.68 5.83 Attendant 5.58 5.68 5.83 Nurses Aide 5.20 5.30 5.45 Craft Supervisor 5.42 5.52 5.67 Adjuvant 5.42 5.52 5.67 Recreation Staff 5.42 5.52 5.67 Charge Laundry and Housekeeping Aide 5.47 5.57 5.72 Housekeeping Aide 4.93 5.03 5.18 Laundry Aide 4.93 5.03 5.18 Kitchen Aide 4.93 5.03 5.18 Kitchen Maintenance 5.37 5.47 5.62 Driver Maintenance 5.37 5.47 5.62 First Cook 5.47 5.57 5.72 Second Cook 5.26 5.36 5.51 Maintenance 5.47 5.57 5.72 Shift Premiums - Employees required to work any shift, the major portion of which falls between 3:00 p.m. and 8:00 a.m. will be paid $1.55 for each such shift worked. It is understood between the parties that this does not cover pre- ferred shifts of work by employees or transfers at the request of employees but only covers employees required to work rotating shifts I , I ¡ \~ r-· . ____11>__ _,_ , ~.. --,1'- -- c..---. ---'r- ..;.~,.--...o:'--''''~-. :-__~_~_.__~..i<---__,..,__.._,.__,__ LETTER OF UNDERSTANDING I between THE CORPORATION OF THE COUNTY OF ELGIN AT ELGIN MANOR ("Employer") - and - LONDON AND DISTRICT SERVICE WORKERS' UNION, LOCAL 220, S.E.I.U., A. F. L., C. LO., C.L.C. ("Union") In accordance with a decision of the Anti-Inflation Board released by letter dated June 9, 1977 and further clarified by letters August 11th, September 19th and September 2Bth, 1977 from the A. LB. the parties recognize the following adjustments and implementation of the Collective Agreement (signed ðe TorJE¡f{ :2fj, 1977 arbitration award October 18, 1976) in order to comply with the A. L B. directive for a total compensation increase of 8% in the first guideline year, commencing January 1, 1976, and 6% in the second guideline year, commencing January 1, 1977: VACATIONS (JlRTICLE 17) Set aside (not implement) improved vacation programme in 1977 (6% after 4 years service, 8% after 12, 10% after 25). Continue vacation programme as in previous contract expiring February 28, 1976. PART-TIME EMPLOYEES BENEFITS ALLOWANCE ( ARTICLE 21) Set aside (not implement) Benefits Allowance of 12% as awarded by Arbitration Board (October 18, 1976) . Continue previous "Fringe Benefits Bonus" as provided in previous contract expiring February 28, 1976. SHIFT PREMIUM (NE~J ) Set aside (not implement) new provisions for shift premium allowance WAGES See attached wage schedule, implemented according to A.I.B. approval. Employees will be entitled to retroactive settlement based on the above wage scale and in accordance with the procedures for payment of such retroactive wages as contained in the Arbitration Award released October 18 1976 , .,..-.-.-----c---_.,.______~_,._ __~._~____ Page 2 All other articles and provisions of the collective agreement signed eJCt08£11L iQf) ,1977 not hereby referred to as adjusted shall remain unchanged and in full effect DATED at ST. THOMAS, ONTARIO this tll?rl'f. day of oe"{o¡g¡;::Æ- 1977. .,--FOR . ;HE EMPL< Y . ) ¿ /\j ~'~"l; ..d . arden - ~.~ DeputyC;Lerk " i w r ·--4~~~---:,1","",-,_ ELGIN MANOR WAGE SCHEDULE b. (A. LB. APPROVED RAtES CLASSIFICATION EFFECTIVE START 1 YEAR 2 YEARS :3 YEARS R.N.A. and March 1, 1976 4.63 4.73 4.83 4.9:3 ATTENDANT March 1, 1977 4.90 5.00 5.10 5.20 NURSES AIDE March 1, 1976 4.28 4.38 4.48 4.58 March 1, 1977 4.55 4.65 4.75 4.85 ADJUVANT, March 1, 1976 4.48 4.58 4.68 4.78 CRAFT SUPERVISOR March 1, 1977 4.75 4.85 4.95 5.05 CHARGE LAUNDRY & March 1, 1976 4.48 4.58 4.68 4.83 HOUSEKEEPING MAID March 1, 1977 4.75 4.85 4.95 5.10 HOUSEKEEPING March 1, 1976 4.03 4.13 4.23 4.33 LAUNDRY March 1, 1977 4.30 4.40 4.50 4.60 KITCHEN KITCHEN March 1, 1976 4.43 4.53 4.63 4.73 MAINTENANCE March 1, 1977 4.70 4.80 4.90 5.00 FIRST COOK March 1, 1976 4.53 4.63 4.73 4.83 March 1, 1977 4.80 4.90 5.00 5.10 SECOND COOK March 1, 1976 4.33 4.43 4.53 4.63 March 1, 1977 4.60 4.70 4.80 4.90 MAINTENANCE March 1, 1976 4.53 4.63 4.73 4.83 March 1, 1977 4.80 4.90 5.00 5.10 1976 8% of Average Hourly Rate of $4.16 = 33¢ per hour 1977 6% of Average Hourly Rate of $4.49 = 27¢ per hour ,~ { f\ ,-,.,.--.--.-., , r " 02 This Agreement shall not apply to residents of the Elgin Hanor who perform services as therapy, provided, however, that the use of residents as ?utlined above shall not be used to reduce the number of àtaff~ -. ~ iF:/' J. fJIo/ 2 . All full time employees of the Employer who are èmployed at the Elgin Manor at the Township of Southwold, save and except Supervisors, persons above the rank of Supervisor, Registered Nurses, Office Staff, persons regularly employed for not more than twenty-four hours per week, and students employed during the school vacation period. 01 The Employer recognizes Bargaining Agent for 2 the Union as the sole Collective 'A:RTI'C;'LE The general purpose of this agreement is to establish orderly collective bargaining relations between the Employer and its employees at the Elgin Manor and to provide an orderly procedure for the disposition of grievances and to define working conditions and terms employment for all employees who are covered by the provisions of this agreement 2 - 'tmTON' 'RE"CO'GNTTTON of '!ŒTI'CLE - 01 1. l,,;·GENERf¡r.;'PURPOSE NOI·¡ WHEREAS the Union by certificate dated December 20th, 1972, is the certified bargaining agent for the employees of the Corporation of the County of Elgin at its Elgin Manor at the Township of Southwold, save and except Supervisors, persons above the rank of Supervisors, Registered Nurses, Office Staff, persons regularly employed for not more than twenty-four hours per week, and students employed during the school vacation period. THEREFORE THIS AGREEMENT \>lITNESSETH : LONDON AND DISTRICT LOCAL 220, S.E.I.U. (hereinafter called , SERVICE WORKERS A.F.L., C.I.O., The Union") UNION, C.L.C. and THE CORPORATION OF THE called "The Employer") employees at the Elgin' COUNTY OF ELGIN with respect to Manor, Township (hereinafter the Corporation of Southwold, s Between ;( day of , 1971· .!Wi'.F_~';\'W~': , THIS AGREEMENT made the 'COI;I;ECTIVE 'AGREEMENT . . /.."ß -~"'--,---.",~ ~ fi';:I.") " , "I \. i: if i!; ~:',' ~'I '~, Exercise any of the rights, powers, functions or authority which the Employer had prior to the signing of this Agreement except as those rights, powers, functions or authorities are specifically abridged or modified by this Agreement, and without restricting the generality of the CYt / foregoing, the Employer retains the right to generally ~, operate the Home in.a manner consistent with the ObligationsAf~~ of the Home to the general public in the community served. 7.~ 3 04 Hire, discharge, promote, demote, transfer, classify or discipline employees, provided that a claim of a discrim- inatory transfer, promotion, demotion, or classification or a claim that an employee has been discharged or disciplined without reasonable cause may be the subject of a grievance and dealt with as hereinafter provided. 3 . 03 Establish and enforce rules and regulations necessary to maintain order, discipline and efficiency and generally governing the conduct of the employees, provided these rules and regulation's shall not be inconsistent with the provisions of this agreement. It is agreed that prior to introducing new rules and regulations the Employer will inform the Union Committee of such rules and regulations. 3 02 Maintain order, discipline and efficiency 3. The Union acknowledges that it is of the Employer to 01 the exclusive function ï\:R'ITCL"E" The Employer agrees to bargain only with the Union concerning employees in the bargaining unit described in Clause 2.01 and the Employer undertakes that it will not enter into any other agreement with the said employees either individually or collectively, which will conflict with any of the provisions of this Agreement. 3 - MAN'i\GE"MENT' 'RTG1-ITS 2 . 04 (b) The Union agrees that there shall be no discrimination inti~idation, interference, restraint or coercion exercised or practised upon management representatives of the Employer by any of its members or representatives, because of membership or non-membership in the Union, and that there shall be no lffiion activity, solicitation for membership or collection of dues and assessments on the Employer's time and no meetings on the Employer's premises except with the permission of the Employer or except as otherwise hereinafter provided. r" ,",~" 2 03 12 , (a) The Employer agrees that there shall be no discrimination intimidation, interference, restraint, or coercion . exercised or practised by the Employer or by any of its representatives, with respect to any person(s) because of membership or non-membership in the Union, and that membership in the Union by employees who are eligible to join will not be discouraged --:--..,.....,-'..-...--.- , t \1' 11 fl. , The Union acknowledges and agrees that members of the Union Committee and Stewards have regular duties to perform in connection with their employment and all activities of ~ / members of the Committee and Stewards will be carried ~ on outside regular \.¡orking hours unless otherwise mutually.. 1 agreed or as otherwise provided for under this Agreement. I~ ~. 5.04 It is agreed that the Union London and District Service with the Union Committee or during any meeting with the Representative of Local 220, Workers' Union may be present Stewards at their request Employer 5 03 The Employer acknowledges the right appoint or otherwise select six (6) of the Union to stewards. 5 02 The Employer acknowledges the right of the Union to appoint or ótherwise select a Union Committee composed of not more than three (3) members and the Employer will recognize the said Committee in all matters properly arising from time to time under the terms and during the continuance of this Agreement, including the negotiations for, or removal of, this Agreement 5 01 'A:RTTCLE In the event of a strike in breach of this agreement the parties shall not discuss the grievance allegedly causing such a strike or any other grievance until such strike is terminated 5 'UNTO'N' 'RE'CO'GNTITON 4.03 Strike includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding or a slow down, stoppage, labour holiday, continuous meeting or other concerted activity on the part of the employees designated to restrict, limit or otherwise interfere with the operation of the Home or entry to the Employer's property. 4 02 In view of the orderly procedure established herein for the disposition of complaints and grievances, the Employer agrees that it shall not cause or direct a lockout of the employees covered by this Agreement or any extension thereof and the Union agrees that there shall be no strikes or other collective action which will stop or interfere with the operation of the Home for the duration of this Agreement or any extension thereof. 4, 01 'A:RTTCL'E' Reserve the right control political 4 ·S'TRTKF.·S· 'A:ND 'WCKOUTS to limit, prohibit, prevent or act i vi ty on the Epployer' s otherwise premises If 3 . 3 . 06 /3 05 Refuse to carry out any term of this agreement in case of any labour dispute or condition arising beyond the control of the Employer. Step 1. The written grievance signed by the employee shall be presented to his/her immcdiate Supervisor within fi ve (5) working days of the Supervisor's reply to the complaint. The Steward of the aggrieved employee may, ~ at the request of the grievor, be present when the grievance .' is presented to the immediate Supervisor. The Supervisor shall give his. answer in writing within three (3) working ,I. days followinp- receipt of such grievance ¡(.J/~ . 7.03 Procedure The grievance procedure shall be as follows: If an employee believes that a complaint has not been satisfactorily adjusted, the complaint shall be reduced to writing on a form approved by the Employer and shall be deemed to be a grievance 7.02 Definition For the purpose of this Agreement Grievance is defined as a dispute, claim, or complaint involving the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable 7.01 lŒTI'CL'E' The employee's Supervisor shall to the complainant within three 7 ~'GRrEVANCE 'PRaCEDURE give an oral decision (3) working days 6 03 Itis understood that an employee has no grievance he/she has first given his/her immediate Supervisor an opportunity of adjusting his/her complaint 6 . 02 until It is the mutual desire of the parties hereto that complaints of employees will be adjusted as quickly as possible and it is understood that an employee has no grievance lmless the complaint has been referred to his/ber immediate Supervisor within five (5) working days of the commencement of the occurrence causing the complaint. In making the complaint to his/her Supervisor, the employee may, if he/she so requests, be accompanied by his/her Steward. 6 01 'i\'RTTGL'E' The Union agrees to supply the Employer with the names of the stewards and Union Committee members and will keep such list up to date at all times 6 -' 'CalWl;A:I1IT "PRO"CE'DURE 5 07 The Union CCffiDittee and the Employer shall meet once each month at times mutually agreed upon, providing there is business for their joint consideration. Necessity for a meeting will be indicated by letter from either party to the other party, containing an agenda of the subjects to be discussed. 5.06 If 5 . 05 /4 Employees shall members of the Union individual probationary be eligible Committee period. ·to serve as Stewards or upon completion of their ,i[ \ 1 ¡ 1 (a) No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limit in the manner provided. ~ /1:1- ~!> 8.02 If either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed ~ to the other party and shall contain the name of such party's nominee to the Board of Arbitration. The other party shall 00 wi thin ten (10) days thereafter nominate its member to the p(J: ð' Board of Arbitration and the two so nominated shall endeavour ~ within ten (10) days after their appointment to agree upon ~ a third person to act as Chairman of the Board of Arb~!TaláP~~~ If the parties are unable to agree upon a third per~fjIj8halr~ be appointed by the Chairman, Ontario Labour Management ~~ Arbitration Commission f!ú.:... <Ie fl<.,À.~1A- 8 "liRTI'CI;E' Any time limits referred to as working days in the Complaint or Grievance Procedure, or any s~bsection thereof, within which any procedure is required to be taken or notice is required to be given shall be calculated exclusive of any calendar Sunday, Paid Holiday within the meaning of this agreement and any day on which the employee concerned is not wo~cin7 as the result of a regularly scheduled day off 01 8 'ARBTTRA"ITON 7.05 No grievance may be submitted to arbitration which has not been properly carried through all previous steps of the! grievance procedure within the specified time limits 7.04 S·tep 4. If the grievance is not settled to the satisfaction of the employee, then the grievance may be referred to arbitration providing any such notice of appeal must be filed with the Administrator or his designated representative within ten (10) calendar days of the reply of the Employer under Step 3 , Step 3. Failing a satisfactory settlement in Step 2, the avgrieved employce may submit his/her p:ricv.anceto thc Em:'loyer for discussion at a special meeting of the Union and the Management Committecs. The special meeting shall t~<e place within ten (10) calendar days following the submission of the grievance to the Employer or at a time mutually agreed upon in writing. The reply of the Employer shall be given within three (3) working days following such meeting. Step 2. In the event the employee is not satisfied the aggrieved employee, accompanied by a Union Representative, within five (5) working days of the Supervisor's reply may refer the grievance to the Administrator or his designated representative. Should no settlement satisfactory to the employee be reached within three (3) Horking days, the next step in the grievance procedure may be taken at any time within three (3) working days thereafter ~. ',f,·,.·., :.' :'. . "'"C--v........,-...-,-,c_ -_,.~__.,.__ .._ __. ,/''1:):.",,' . .".' .' /5 -..--.'.---.---.----.---- ." " In the case of such grievance by the Union it is to be submitted to the Administrator or his designated representative who shall provide a written answer within five (5) working days after its presentation. Hi thin five (5) \'JOrking days after receipt of the decision of the Administrator or his ()t , designated represen'cative, the grievance may be processed ~. through Step 3 of the Grie vance Procedure and may be s ubmi tted...rit:... to arbitration in accordance with the arbitration pro vis ions' /'! ;/AI'-./ of this Agreement ~ I 9 02 Any difference arising directly between the Employer and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance in the fOllowing manner 9 01 ('por.;rcy 'GRI'EVANCE) "fŒTI"CLE' At any stage of the complaint or Grievance Procedure, including arbitration, the parties may have the assistance of the employee or the employees concerned as witnesses 9 .: 'GRIEV AÏlfCES' 'BY EMPLOYER 'OR UNTON 8 09 Nothing in this Agreement shall prevent the parties to this agreement from agreeing on a single arbitrator to hear and decic'.e any matter which may be referred to arbitration. If the parties agree to the use of a single arbitrator then the cost of such arbitrator shall be shared equally by the parties 8 08 Any grievance of this not be involving the interpretation or application agreement which has been disposed of hereunder shall made the subject of another grievance 8 07 Proceedings before the arbitrators shall be expedite~ by the parties hereto. The decision of the Board of Arbitration shall be final ,'enÒ binding on both parties to this Agreement 8 06 The Board of Arbitration shall not have jurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions thereof, nor to give any decisions inconsistent with the terms and provisions of this Agreement, nor to deal with any matter not covered by this Agreement and shall make a decision in conformity with the terms of the submission to arbitration, which means that the Board shall interpret the actual rights of the parties to the Agreement. 8 05 Each of the own nominee any, of the parties hereto shall pay the expense of their and one-half of the fees and the expenses, if Chairman r I 8.0t¡. 8 03 (b) Pn a.rbi. tra.tor or arbi tr¿¡,tion board may e'xtend the time ~ for the taking of any step in the grievance procedure under fJ this co ll~ cti ve agreement, ~otwithstandinf> the. expirati0fol t/lf' of such t~me, where the arb~ trator or arb~ trat~on board ~s ~. satisfied that there are reasonable grounds for the /_ ' exten3i('nó~ 't4:ed ft,.s, ~ ~ ~.~-'f)-'<.~...::l.~ f1A-'r'-~ ~ 'flv ...<-µi.'_'4_d~,< cI No person shall be selected as an arbitrator who has been dirëctly involved in attempts to negotiate or settle the grievance. ~~ - I 'I, ;I! ;,:¡ I¡ii I" 1.1 '·1 Ii' II , , Failing settlement of such special grievance under the foregoing procedure, the grievance may be referred to arbitration within seven (7) calendar days of the reply of the Employer for final and binding settlement upon the parties. ". ~ ¡/~ I , , .(.; I! II ·11 ¡ii 10 05 Such special grievance may be settled by confirming the Employer's action in dismissin¡r the employee or by reinstatin-- the' ,,)ê",l¿"yec \áth nr without compensation, or with or without loss of seniority, or in such other manner as is deemed just and equitable in the opinion of the conferring parties. Back pay awards shall not, however, exceed the amount which the employee would normally have earned, calculated on straif,ht time during his normal work schedule, less any money earned in other employ- ment. 1 I 10 04 A special meeting between the Union Committee and the Employer's ManagËment Committee will be held within five (5) working days of receipt of such special grievance or at any time mutually agreed upon and confirmed in writing by the parties 10 03 Such special grievance to be considered, must be presented to the Administrator or his designated representative by a member of the Union Committee within five (5) calendar days after the employee ceased to work for the Home or receipt of discharge notice, whichever first occurs, other- wise the same will not be considered 10 02 A claim by a permanent employee that he or she has been unjustly dischar¡red shall be treated as a special grievance if a written statement of such special grievance is lodged by the employee , 10 01 'ARTrCL'E' '10 It is understood that no complaint may be Policy Grievance which is properly the employee(s), which complaint shall be Complaint and Grievance Procedure as and 7 ..: 'DrS'CHARGE' 'CASES treated as a complaint of an processed under the provided in Articles 6 9 05 It is unôerstood that no Darty has a Policy Grievance unless the Policy Grievance has been referred to the other party as herein provided within fourteen (14) calendar days of the commencement of the occurence causing the Policy Grievance 9 " '-"~"-~-~<"--....,, __"'.r---,__ r- -_._..j-..., .-i..J . """"., .. ... . /7 9 04 03 In the case of such grievance by the Employer, it shall presented in writing to the Union and the parties shall within five (5) working days thereafter meet to discuss grievance. The Union shall provide its answer to the Employer in wri tin¡! stating reasons within five (5) working days of such mee·tinp:. Failinp" settlement, the Employer may submit the grievance to arbitration in accordance with the arbitration provisions of this agreement ._..~, -"~-'-'-'-- such be J The above-mentioned authorization for union dues shall be as follows . fJJ /~ .~/' oiY 11. 06 ./ The Employer S~ll amount of dues ~ whose pay such deductions deduction The Employer agrees, upon receipt of written authorization, to deduct Union Dues during the term of this Agreement from the first pay due each calendar month from all employees, as duly designated by the Secretary-Treasurer of the Local Union, and to remit same not later than the 22nd day of the same month to the Financial Secretary of the Local Union, Local 220, London and District SJJi;,vi'f:W. \vorkers' Union. . ¡.~~ . when rem~ ttJ.ng·--Such dues, l~st the names .~ "'6f the employees from been made. , have , 11 05 The Employer shall advise the Union from time to time as to the names and classifications of the persons to be interviewed and the time and place of such interview, the duration of which shall not exceed ten '(10) minutes. The interview shall take place on the Employer's premises, in a room designated by the Employer, and the employee shall report to this room for interview, during the interview period. The Employer agrees that a Union representative shall be given the opportunity of interviewing each new employee once upon completion of said employee's probationary period of employment for the purpose of informing such employee of the existence of the Union in the Home and of ascertaining whether the employee desires to become a member 11 04 All new employees covered by this Agreement, on completion of their probationary period, may voluntarily become members of the Union and upon becoming members of the Union shall remain members in good standing for the duration of their employment as a condition of employment during the term of the Collective Agreement v~ 11 11. 01 All present emp;¡'oyees who are members of the Union shall (\/'./ remain members in ['"ood standing for the duration of their ~ employment during the term of this Collective Agreement~i¿1. 11. 02/:ach ne~¡ e~loyee shall be required t¡;;;.. a. eeR81i~i -" of'~ em~ls~~?nt to sign the dues deduction authorization form . set forth in this Article, provided, however, that such authorization ,vith respect to new employees shall become effective upon the first regular dues deduction date following the first thirty (30) calendar days after the employee's last date of commencement of employment. 03 "f'iRTI"CL'E '11 /8 UNT0N 'S'ECURI"TY ---- 1- ~. \' ~"I 'I: I",c....;, {:' ~' 'ù ;p '! ~, "' .>< .j,' K J: (J/ ¡(Ii The Emplqyer undertakes to observe seniority of employees with regard to promotion, demotion, transfers, lay-offs and recalls, provided the senior employee possesses the necessary qualifications and experience to perform the work available 12 02 Seniority is defined as length of continuous service with the Employer and will be acquired when an employee has completed 60 calendar days of service, such seniority shall date from the commencement of employment, and will accumulate thereafter. Employees will be regarded as probationary employees until they have acquired seniority as above provided and shall have no right to grieve by reason of dismissal. , 12 01 -AR'ITCLE New from (30 ) 12 'S"E'NTORITY Employees shall have deductions for Union Dues made the first pay of the month following the first thirty calendar days of employment 11 07 vJITNESS SIGNATURE This authorization shall continue in full force and effect for the duration of my employment in a position covered by the Collective Agreement between the Employer and the London and District Service Workers Union, Local 220 I hereby authorize and direct the Corporation of The County of Elgin to deduct from my first pay in each month from any earninr,s accumulated to my credit the amount of the Union monthly membership dues that are uniformly levied upon all members in accordance with the Constitution and By-laws of the Union, or any minutes authorizing changes in dues. Such amounts are to be certified to ~le Employer by the Financial Secretary of the Union by Af·fidavit from time to time. I further authorize you to remit the money so deducted to the London and District Service Workers' Union, Local 220, whose receipt therefore shall constitute a r,ood and sufficient discharge of The Corporation of the County of Elgin for the amount so deducted from my earnings NAME ADDH.ESS TI-IE LONDON LOCAL 220, Date AND'DISTRICT S.E.IoU SERVI CE vlORKERS UNION , ~,., '----v"-- -_.._ ..,ii",'."':,............... .'. .,,' 19 Authorization Card for Union Dues ".~.-,....._~,,_\...-....__. Check-Off -_.:-._..,-~---.,~-- ~--.~-,-'- ~\,. .,' ._-,.,"-,_'""-'t~-'L;i~-....~.--:__~~~,__,\ >--~-.--,'----._,'~"~"'---- "..'~."';:~.-':-'<::'" .. '.-,: .." ': " " ", .. :.... " ,:,.... ,: .. .. "':' ..:.." '- ' .. .. . . . ... /10 12.03 The Employer and the Union recognize that the ability and efficiency of ipdividual employees govern to a large extent the safety and comfort of the residents. 12.04 Seniority lists ¡.¡ill be posted on the Union bulletin board and will be revised at least semi-i'.nnually accordinp; to the records of the Employer. Seniority as posted will be deemed to be final and not subject to complaint unless such complaint is made within thirty (30 ) days from the first date of posting of each new list. 12.05 The Employer will supply copies of the Seniority list to the Chairman of the Union Committee and the Local Union office. 12.06 Employees who are laid off will be retained on the seniority list for a period of twelve (12 ) months. I f during that period, they are recalled to work, they must signify their intention to do so within three days (excluding Sundays and holidays) of the date of the notice of recall, and shall, in fact, return to work ¡,¡Î thin a further five days, or they shall forfeit their claim of employment. Temporary employees may be taken on to fill emergencies. Notice of recall shall be given by the Employer by sending notice to the employee 's last known address on the records of the Employer. 12.07 In the event the Employer shall hire an employee as a full- time employee, who prior to such hiring has rights of seniority with the Employer as a part-time employee, the seniority of such employee shall be recognized and applied for all the rights and privileges of seniority. In the event a full-time employee reverts to part-time service all seniority rights shall carry with that employee. -¡iRTTCL"E"13 -' "LOS'S' 'OF 'S'E?UORTTY - The seniority of an employee shall be considered broken and all rights forfeited, and there is no obligation on the Employer to re-hire when: 13.01 Employment is terminated for any reason. 13.02 An employee overstays a leave of absence granted by the Employer without securing an extension of leave. 13.03 An employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted. 13.04 An employee is absent for three consecutive working days without advising the Employer and securing a leave of absence. 13.05 A~ employee is discharged for cause and the discharge is not reversed through the Grievance Procedure. ~ 13.06 An employee is laid off for a period in excess of twelve continuous months ;I~/ ~, I i An employee, whether or not he/she qualifies for sick leave pay must give t¡.¡o hours I notice of his /her inability to be on any shift commencing after 12:30 p.m. and before 4:30 p.m. and any shift commencing after 10:30 p.m. and before 12:30 a.m., and in respect of any other shift at least one hours notice shall be given, provided, however, that if there be an emergency and notice, by reason of the said emergency, is not given, this requirement will not be enforced ~ ~' If '7 11+ 09 There will be a minimum of sixteen changing shifts 14 08 (16 The Employer does not guarantee to provide work for any employee for regularly assigned hours or for any other hours ) hours off when 14.07 Punching in or out of another employee's time card prohibited and so doing by an employee shall be the of immediate disciplinary action against the employee an employee accidentally punches a time card of another employee, the Supervisor shall be notified immediately, otherwise it shall be deemed that such time card was not punched accidentally is subject If 14 06 Tampering or changing of a posted schedule by any employee will entitle the Employer to take disciplinary action against the employee 14.05 The Employer will post schedules one ¡.¡eek in advance covering a five (5) week period and such schedules shall remain posted for the è1n'2.tion of the schedule. Subject to Clause 14.07, there will be no changes without the consent of the Employer and the employees who may be affected by any changes in a posted schedule ì' , i ! 14 04 Employees will be given an equitable number of weekends off, provided, however, that all employees shall be given at least one weekend off in any five (5) week scheduled period 14 03 It is understood that employees may be required to work up to, and including, seven (7) consecutive days. Every employee shall receive two consecutive days off except in departments ¡.¡here posted work schedules provide otherwise 14 02 The normal work day shall consist of eight (8) hours with twenty (20) minutes allo¡.¡ed on each eight (8) hour shift for lunch wi thaut loss of pay 14.01 'A:RTTCLE' '14 The Employer \vill give consideration to an employee \"ho is unable to comply ¡.¡ith Articles 13.02 and 13.04 due to circumstances beyond the employee's control 'HOURS- 'OT 'HORK 13 08 An employee fails to notify the Employer within three days of notice of recall follo¡.¡ing a lay-off (excluding Sundays and holidays) or fails to return to work within a further fi ve days 13.07 ~"""",:"".,,,,,,;.~,~,..J~-,,:,:,:,,,=,:,;¡,,,~,;-T.--::=:7-!'!-~~""~'~~~,_,,,,__:_~~-,~_,-=,-_~:~_,==".~,..~-=_, 'C:--':-'-~ ___ r'" /11 r"'7?"'-_' -~',"-'-" -.....,--".'--_.,._-,,-,...... --- '-...," -". h ,._--_.,-----_.~ .~ ._._~--~---- ---'-" ... /J2 'l\:RTrCLE' '15 -' 'OVER'ITME 15.01 Overtime authorized by the Employer shall be paid at the rate of time and one-half of the employee's basic straight time hourly rate for all hours wo~(ed in excess of the normal scheduled shift. Employees shall be given at least four (4) hours prior notice before the end of their regularly scheduled shift of such overtime requirement, except in cases of emergency 15.02 The Employer shall give the employee the right to elect whether to take time off in lieu of pay for overtime work or pay. The employee's right to elect to take time off in lieu of pay applies only where the employee has worked a full overtime shift of at least eight hours. Time off in lieu of pay shall equal the number of hours worked on the overtime shift and may not be accumulated. 'ARTI'CLE' '16 ..: 'Pl\:I'D 110I.;I'DAYS 16.01 All regular employees will be credited with pay computed at straight time for each of the following paid holidays: New Year's Day Ci vic Holiday Second Monday of February Labour Day Good Friday Thanksgiving Day Easter Monday Christmas Day Victoria Day Boxing Day Dominion Day provided that: (a) The employee is not absent on the days he ¡:she i8 Boneduled to work immediately preceding and following the holiday, or the day granted in lieu thereof, unless excused because of illness or other reasonable excuse. (b) The employee is not absent on the paid holiday after being scheduled to work. 16.02 Employees required to work on a paid holiday shall at the op·tion of the Employer receive either: ( a) Pay at the rate of time and one-half the employee's regular pay for work performed on such hOliday, in addition to the employee's regular pay, or (]? ) Pay at the rate of time and one-half the employee's regular rate for work performed on such Holiday, and an alternative day off either thirty (30 ) days before or thirty (30) days following the hOliday. ._-~'- '. Çl! 1$/ ~ . A.______"__.._..---,,_,,._..,_..',.~~_,.>__.... __" ~ . . /13 16003 Notwithstanding anything herein contained if one of the Paid Holidays occurs on an s day off or during an employee's vacation period and employee is required to work, the employee will receive credit for the said Holiday at straight ti]ùe and in addition will receive t¡W and one-half (2 1/2) times his/her regular rate of pay for all hours worked on the P¿Üd Holidayo 16004 If one of the paid holidays occurs on an employee's regular day off, the employee will receive an extra day off within thirty (30) days follo¡.¡ing the holiday, and at a time that is mutually agreed upon between the Employer and the employee 0 16005 If one of the paid holidays occurs during an employee's vacation, the employee will receive an additional day with pay which may be added to his or her vacationo 16006 Em))loyees shall be permitted to accumulate up to five paid holidays in a calendar year, provided the Employer is given six months prior notice in writingo Such accumulation may be used by an employee under extenuating circumstanceso 16007 It is understood and agreed that an employee is entitled to receive the benefits provided in this Article for work performed on a Paid Holiday only where the majority of the hours worked by the employee on his/her ghift fall on the Pëdd Holiday 0 16008 Employees will be guaranteed either Christmas Day or New Year's Day off. Seniority will govern for preference of such holidays 0 . 'ARTTCLE '17 -' "VACATT.ONS 17001 For the purpose of computing vacation entitlement, the vacation year shall befT.. .in 9tJ.Il~~a.ry.. 1st. and end on the /' fOllowing December 3lsto $" ~~_ /CM' _ ClJ'~' ~:'¡6iJr<f?7 ~ Yo02 E.very emp~ee shall be granted an annual vacation with . pay according to his/her credited service as follows: ¡./ . (a) Where at Deccmber 31st, an employee has completed more than six months of continuous service but less than one year, he/she shall receive one week's vacationo Vacation pay shall be calculated a-t 4% of total earnings during the twelve months prior to December 3lsto - (b) Hhere at December 31st, an employee has completed one year of continuous service, he/she shall receive two week's vacation 0 Vacation pay shall be calculated at 4% of total earninr:s durinr: the twelve months immediately preceding December 31st or two weeks' pay at his/her regular rate, whichever is the greatero (c) ¡'¡here at December 31st, an employee has completed fi:/ four (4) years' of continuous service, he/she shall receive l three (3) weeks' vacationo Vacation pay shall be calculated ./1/;,' on the basis of the employee's regular stloair:ht time hourly /I' 'I.LA/ rate of pay (j"~ -. ,. An employee shall not be f'ranted any sick leave benefits until he/she has completed 60 calendar days of continuous service with the Emµloyer. On completion of such service the employee shall be credited with sick leave in accord- ance with Article 18,01 , ~ 1'~ 18 02 Each employee will be credited with one and days of sick leave at the end of each month one-h211f (1 of service 18 01 1/2) / 'A:RTI"CL'E" '18 ~ 17,0~ In order to receive vacation pay in advance, an employee ¡r-;t,j, shall make a request in writing to his/her Supervisor not C\t / less than two weeks in advance of the date his/her vacation ~~ is to commence, Such an advance shall cover only the pay period or pay periods falling wi thin the employee's vacE\tion ..: 'STCK 'LEiWE / 1.:1-. 0.." . wn0 ave - ~the 1975 calen method of additiona be -:r=e-ne qualified for an ,a. vacation during j '2 rdance with the previous .øf /. . tlement shall lose the fJv!>c:vr. /. Vã~hall ho~ever,·~ ~ provls ~Lon va.cafJ_ Subsequent accordance with the / ,.._' _ .n/'; the 1 ~AnemDloyee's vacation and vacation /pay entitlement shall ií~:.n¿r ""'6"e based upon continuous ~ service performed for the employer during the previous vacation year, in accordance with the provisions of this Article / o ,~ I:hod of = i:w.e¡¡¡e.¡;¡,.; .~~ ~ir'\-4:T<ry~re~e1>'6nt . / .ª- he w"t:t:l.ød prev..i~.;y~l'1effeGo1;._~F·e~-fl-e If!?;' ¡;/ p.u;p.J3~eB:'<1~~ ; "i"1I"_me;t;.þ.e4--1?0--'l:-he~me1:'1rod ~./ he.Xle:ip 1yrm¿..:1.'; . '.¡:;¡.g-- 1:],6 :' ! ·4;;¡r µ-- y 0 17 17 . 03 The vacation and vacation pay entitlement of an employee who has been absent from work without pay for a period in excess of one month during the vacation year shall be pro- rated on the basis of actual time on the payroll during which he/she is in receipt of remuneration from the Employer (f) Every employee who does not otherwise qualify under the provisions of this section shall be paid in accordance with the Employment Standards Act (e) \-Jhere at December 31, an employee has completed twenty-five years of continuous service, he/she shall recei ve five weeks' vacation. Vaca·tion pay shall be calculated on the basis of the employee's regular straight time hourly rate of pay, Vacation pay for (c), (d) and (e) shall be based on his /her normal work week é'.nd his /her regular rate of pay, but shelll not include overtime or other increments /lLf (d) Where at December 31, an employee has years of continuous service he/she shall .rece vacation. Vacation pay shall be calculated on the of the employee's rep:ular straight time hourly rate of. pay ;, In the event of the death of a member of an employee's immediate family, the immediate family being restricted to mother, father, sister, brother, spouse, common-law spouse, child, grandchild, where the said employee is attending the funeral or assisting in arrangements for the funeral, the Employer shall arrange leave with pay not to exceed three (3) days. The three (3) days shall, however, ~ /Ír . 19 01 ·A:RTI"CI.;E" '19 I-lhere an employee having more than five (5) years' consecutive service ceases to be employed by the Home, there shall be paid to him/her or to his/her personal representative or failing a personal representative to such other person as the Employer may determine, an amount computed on the basis of his/her rate of pay at the date of leaving the employ of the Home for a period equal to fifty (50%) per cent of the value of his/her sick leave credits, but the amount shall not exceed six (6) months' pay ..: 'COMP A:SBTaN'A:TE' 'LEAVE 'or 'A:B'S"ENCE , 18 18 07 06 After an employee has had three periods of sick leave of three days or less within a calendar year, the Employer may refuse to pay for the fourth or subsequent period of sick leave, notwithstanding that the employee has accumulated sick leave to hi.siher credit. It is understood that this provision is an endeavour to eliminate abuses of sick leave and is in addition to any other disciplinary action which the Employer may deem fit to invoke. The refusal of the Employer to pay for the fourth or subsequent periods of sick leave may be the subject of a grievance. I-~ere sick leave absence has been in excess of three (3) consecutive days the employee shall not be paid sick leave credits unless he/she furnishes the Administrator with a Doctor's certificate or other explanations satisfactory to the Employer All employees whether they qualify or not for sick leave, from credits accumulated, must give two hours' notice of his inability to be on any shift commencing after 12:30 p.m. and before 4:30 p.m. and any shift commencing after 10:30 p.m. and before 12:30 a.m. and in respect of any other shift at least one hour's notice shall be given provided, however, that if there be an emergency and notice, by reason of the said emergency, if not given, this requirement will not be enforced. 18 05 I-~en an employee is absent as a result of an accident, while at work, or illness inherent to occupation, and as a result is receiving Workmen's Compensation, as awarded by the vlorkmen' s Compens ation Board, he/ she may receive the difference between his/her regular pay and the Board's award if unused sick leave credits are available for the purpose. If such employee is not eligible for Workmen's Compensation, he/she may receive sick pay to the extent that sick pay credits, if any are available 18 r····'··ò... .........."-...-..,:.,.,,---...--....--;,,..........,-iL---.,.~;-,-_ .......l....,.........·".' . 18 04 03 115 The to unused portion of sick leave credits shall accumulate without any limitation from year -----'- -.~-..--..- be allowed to year. \'1 i', ,; " (v) Such leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of.absence (þ ;/,l /~ (iv) Applications for such leave of absence shall to the Administrator at least thirty (30) days in of such leave, which may be waived by mutual under extenuating circumstances be made advance agreement (iii) Such leave of absence shall be for a maximum of fourteen (14) days (ii) No employee four occasions in she.ll be given such a ce.lend2.r year; (i) such A maximum of three employees leave at one time leave only will be on more than granted Union Leave will be granted for seminars subject ot the following conditions 21 01 and conventions 'ARTrCL'E' Employees who are on leave of absence will not engage in gainful employment while on such leave, or utilize a leave of absence for purposes other than those for which the leave of absence was granted, and if an employee does engage in gainful employment while on such leave of absence or utilizes the leave of absence for purposes other than those for which the leave of absence was granted, may, at the discretion of the Employer be considered as a voluntary quit. This clause shall not apply to employees on Union Leave of Absence in accordance with the provisions of Article 21 of this agreement '21 UNT01'f ·L'E.!WE' 'or 'AB'SJ:;N'CE 20 03 Employees who are on leave of absence will not be considered to be laid off and their seniority shall continue to accumulate during such absence 20 02 The Employer may p:ri3.nt leù.ve of absence employee for legitimate personal reasons 20 01 without pay to any 'ARTrCLE' ror those employees ¡.¡ho hA.ve completed their probationAry period with the Employer, in the case of the death of the employee' s mothGr-in-li'\w, fathel'-in-la¡.¡, brother-in-law, sister-in-law, p:ri'\ndfather or grandmother, up to one day may be p:ranted without loss of regular pay where necessary to enable the employee to att~nd the funeral '20 ~ 'PERSONAL 'LEAVE' 'or 'P;B'S'EN'CE 19 02 include normal days off and shall conclude on the day the funeral. The Employer will give full consideration to grantinr, additional time off without pay uµon application by the employee. The henefit of this clause shall be available only to those employees I>¡ho have completed their probationary period wi1:h the Employer .~ 25 02 " An employee who wishes to apply for any posted vacancy shall make application in writing on forms supplied by the Employer for the purpose during the period of five (5) working days mentioned in Article 25.01 and shall set out his/her qualifications in his/her application. Applicants will be selected on the basis of qualifications and experience to perform ·the work available. In cases where the above considerations are deemed by the Employer to be equal as between the applicants and the applicants are capable of performing the work, seniority shall be the determining factor. ~ I~~ The Employer will post all initial vacancies or new jobs on the Union bulletin board and such notices shall remain posted for a period of five (5) working days, unless in the opinion of the Employer an emergency exists that does not allow sufficient time for the above-mentioned procedure to be followed. The notices shall be posted on the first day after the vacancy or new job occurs 25 'ARTI'CL"E" '25 01 24 04 ~ 'VOgTIWG 'IWITTAL 'VACAWCI~S The Employer shall contribute 50% of the premium cost of a group life insurance plan on the Ijfe of each employee who is eligible and participates in the plan in the amount of $5,000.00 for each employee (effective January 1, 1977) 24 03 The Employer agrees to pay 90% of the Blue Cross Health Plan ($10.00 - $20.00 deductible) for all eligible under the plan vJho apply for such Extended employees coverage The Employer agrees to pay fifty (50%) O.M.E.R.S. plan in respect of pension 2~ 02 per cent of the The Employer agrees to pay 100% of the billing rate of the Ontario Health Insurance Plan (O.H.I.P.) for all employees eligible under the plan as covered under this agreement. 2 I. 01 'liRTI'CL"E" '24 Every employee shall be required to wear a uniform during his/her hours of employment. All employees shall be p.aid a. uniform allol.¡ance of $60. DO per year, which will be paid quarterly in the amount of $15.00 towards the cost of purchasing, maintaining, and laundering his/her uni forms ~ HEALTH 'AND' 'VŒ"LFA:RE 23.01 'ARTI'CLE The Employer agrees to establish a notice board for the use of the Union for postin¡r of offi<Jial notices. All such notices must be signed by the proper officer of the Union and must be submitted to the Adminis-trator or his designated represent,~,tive for his approval a.s to contents '23 'UHTFor<MS 22 Dl AR'rI'CLE '22 ~.".,.. . . .':.... .. . . .._""....J.,.~--:\.._'"'!._:--'_......<~_____"'~~. -"~...<.. . . .. /':;L. 7 02 21 Employees on to accumulate JNTOW'EULLETIW'EOARD '--'- -,~...._- -.-:...~-- leave of absence under this Article shall all rights and privileges under this ,-----,,--..,..,--- ,-_._~_.'-~ I ¡ I, r. I i I , ~ ¡// ~ 'J\i:r'y' /1,)j:t:rîe's's' 'Duty An cmployee serving as a juror or who has been subpoenaed as a witness shall receive the difference between his or her jury or witness pay and his or her regular pay for the lost time while serving in one OT those capacities. A subpoena or legal notice for such duty will be provided to the Employer in such an instance of jury or witness duty. The employee shall ,provide the Employer proof of hours engaged on jury duty or as a witness and proof of payment therefore. ;28.: d~~ ~, the Employer shall be entitled for meals purchased from the Employer thereof from time to time ./ 01 J , to chð.rge each employee and to adjust the amount 28 'ARTI'CL'E' 'ME·lïr.;S I' 27.01 'JüRY 'DUTY 'lïRTI'CLE' '2 7 Employees shall be granted one ten (10) minu-te rest period in each half shift with such time to be considered time worked. Employees exceedinr; the allotted ten (10) minute period may be subject to disciplinary action 26 01 "ARTI'CL'E' '26 An employee who is transferred in accordance with the procedure set forth in this Article will be placed in the permanent vacancy for a trial period not exceeding forty- five (45) working days and if he/she proves satisfactory he/she will then be confirmed in his/her new classification If the employee proves unsatisfactory during that time, or if he/she is unable to perform his/her new duties, he/she will be returned to his/her former position at his/her former salary or rate of pay, as well as any other employee in the bmor;aining unit ¡.¡ho was promoted or transferred by reason of such placing. .: 'REST 'P'E'RTODS 25 06 If an employce is transferred by the Employer from one department to another on a permanent basis, the departmental seniority the employee has accumulated in his/her former department shall be credited to his/her departmental seniority in his/her new department. 25 25.03 Any successful applicant will be selected'within a reasonable time after such posting and the Employer will, as soon as the successful applicant has been advised of his selection, notify the unsuccessful applicant or applicants that the position' has been filled. 25.04 If no applications to fill such vacë1,ncies are received from employees, or if the applicant or applicants are not, in the opinion of the Employer, considered to be suitable for such vacancies, then the Employer may fill the vacancy in any manner it sees fit. J I" ~'\"___"_~_._."_""'__'"~"'.'""'""" --'--~'_'__'''''''''''''''''__''~'_ ..~_,.:_.........~___. _.._,.:_.....~ ~! ~'~.l_._ /:L 8 05 _.~ ,~ Except at otherwise provided this Agreement shall become effective on the 1st day of January, 1976 and shall continue in force until the 18th day of October, 1977, and from year to year thereafter, unless either party notifies the other in writing not less than thirty (30) days and not more than ninety (90) days prior to the expiry date of this agreement that it desires to amend or terminate this agreement MI ~'k 1" \f7I'V.7 32 01 ARTTCLE' Employees who are required by the Employer to work in a higher rated classification shall be paid for all work per- formed at 'the higher rate, provided the employee works at least 50% of a regular eight (8) hour shift on the higher rated job. 32 'DURA'ITON 31 04 \l7arning or disciplina.ry notices or letters shall be removed from the employee' s persoMl file after 24 months the date of suoh notice or letter. of 31. 03 It is agreed that representative save and a breaoh render an any appeal by an employee to any elected or any other representative of the Employer expressly provided in this Agreement sha_ll constitute of this Agreement. Violation of this olause shall employee liable to disoipline 31 02 Nothing in this Agreement shall require the Employer or the Union to take any action which shall be unlawful by reason of applicable present or future Dominion and/or Provinoial laws, rules and/or regulations 31.01 'A:RTTClX Attaohed hereto and forming part of th:LS Agreement is Sohedule "1\" relating to job olassifioations Etnd rates for all employees subjeot to the terms of this agreement. Acoording to the Award of the Board of Arbitration released Ootober 18th, 1976, the inoreases to the wage rates shall be retroactive and applied to all employees in the bargaining unit as of ,January 1, 1976. Any employees who have been hired sinoe that date shall be entitled to a pro rata increase from the date of their employment. Ãny employees as of that date who have sinoe ceased to be employees shall have ·the period of 30 days only from the date of the release of the Award, in whioh to olaim from the Employer any adjustment to their wage rate as a result of the Award. 31 'GE1TE'RAL 30 01 'ARTrCIÆ AR'ITCL'E' -29 ·~·--'''''''''':-=:~':''''''')"I9'''"''''''''·:G'\"·~-~<",(=''''~· 29 01 30 Employees who report for work on any shift for which they are soheduled and for "¡hich they have not been notified not to report will be guaranteed at least four (4) hours pay except in case of acts of God or any labour dispute or any condition beyond the control of the Employer - ^·-·_..,:·..;..........,..·i:.'~··-...-..····.._···_....."-..--~----....~__....__'."_ _""_. -' 'JOB' 'CLA:S'STHCATTON 'RE'PORTTN'G -PAY '''''1<. 't"" 'AND 'RATES /20 32.02 In the event of such notification being given within the time prescribed in clause 32.01, negotiations between the parties shall begin wi thin fifteen (15) days following such notification. DATED AND EXP,CUTED at St. Thomas, Ontario, on behalf of the parties ¡I! hereto by their dry;: authorized representatives, this;Z¡ S-r day . V of :;FFtA1{)ItR.Y, 19 . t¡;) ':rHf:; LONDON AND DISTRICT SERVICE .? ;GrN' 'MA:N'0R) íWR.!<:E'RS·'· 'UNT0N,. , 'LaCPiL; 'no' , -r'.... . ~ Warden - .,.. . ~ I .,.. . ~ CIeri . .... . - - " .. , ~I ~ I~ ~ 111/ M-.-w*1,....b~ ~ .~. . t&fl.:b_· >. ;¡,*,@.Q.....:{;o.-..w p-eJrt ",hie!, fal:I:s--tre 12.30 r. p-e:±e1--$-3:. 66 -f-M'- cach O~s-M-f4;-~~ R.N.A. Attendant Nurses Aide Craft Supervisor Adjuvant Recreation Director Char~e Laundry and Housekeeping Aide Housekeepinp Aide Laundry Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance 4 4 4 4 If 4 4 4 4 If 4 4 4 4 4 · · · · · · · · · · · · · · 75 75 40 60 60 60 65 15 15 15 55 55 65 45 65 4· 4 4 4 4 4 4 4 4 4 4 4 4 4 4 · · · · · · · · · · · 75 25 25 25 65 65 75 55 75 85 85 50 70 70 70 4 4 4 4 4 4 4 4 4 5 5 4 4 4 1+ · · · · · · · · · · · · 90 40 40 40 80 80 90 70 90 00 00 654 85 85 85 'C!;A:S'STFI"CA'TI'ON 'START T YEAR '2' YEA:RS R.N.A. Attendant Nurses Aide Craft Supervisor Adj uvant·· Recreation Director Char¡:re Laundry and Housekeeping Aide Housekeeping Aide Laundry ¡\ide Kitchen Aide Kitchen, Maintenance Driver/Maintenance First Cook Second Cook Haintenance 'EFFECTIVE 'APRIL; T 4.45 4.55 4.70 3.95 4.05 4.20 3.95 4.05 4.20 3.95 4.05 4.20 4.35 4.45 4.60 4.35 4.45 4.60 4.45 4.55 4.70 4.25 4.35 4.50 ~ 4.45 4.55 4.701 }~~~t Ppe-m.-i-l:tm EfflFJ:.eye-e-s-peEJ:uircd t-e-we.~-ny ohU:t;, th.e-~'l"- ¿I . -ion of wh±eh falls Ð-e'l:we-eI'l-4:~Q-f'''''¡lh--ô.fl.-è. 8:00 .:l.m-.-w-i-},~e IJ''')!>- pi34-à-4-1. 6 ¡; f crJ"-eaefl-.s..t¡.ffi-&fl4..f..t-¡.¡e~_ T976 4 4 4 4 4 4 · · · · · · 55 55 20 40 40 40 4 4 4 4 4 4 · · · · · · 65 65 30 50 50 50 4 4 4 4 4 4 · · · · · · 80 80 45 65 65 65 'CLA:S"S'TFI"Ci\:TI'ON 'EFFECTI'V'E' / L J_ 'J'A'NU1\:RY' '-¡AGE SCHEDULE '1 '197 6 "S'CHEDULE' 'START I-A" TYEAR '2' Y'Ei\:RS \ 1 , I V: l'(f~ --- l~ift-j2c, -J7e-~~ þú-i-'<'l-$-l-;-t;~~ R.N.A. i\ttendant Nurses Aide Craft Supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundry Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance 5 4 4 4 5 5 5 4 5 · · · · · · 5 4 1+ 4 5 5 5 5 5 · · · · · 30 80 80 80 20 20 30 10 30 5 5 4 5 5 5 · · · · · · 15 15 80 00 00 00 5 5 4 5 5 5 · · · · · · 25 25 90 10 :0 10 5 5 5 5 5 5 · · · · · 40 40 05 25 25 25 'START TYE"AR '2' YEARS CLA'S'STFI'CATTON 'ETFECTIVE 'OCTO'B'E'R T - ~.;i,..f:f}-]2,pe.¡¡¡;j, ~ortlon- "¡::>-a-i, "1'9"76 8s--~fl-l-2-:-i3fJ-.-p~H. 'fl-s-h i ft H e-J:'k .1 - (: R.N.A. Attendant Nurses Aide Craft Supervisor Adjuvant Recreation Director Charge Laundry and Housekeeping Aide Housekeeping Aide Laundry Aide Kitchen Aide Kitchen Maintenance Driver/Maintenance First Cook Second Cook Maintenance 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 · · · · · · · · · · · · · · · 95 95 60 80 80 80 85 35 35 35 75 75 85 65 85 5 5 4 4 4 4 4 4 4 4 4 4 4 4 4 · · · · · · · · · · · · · 05 05 70 90 90 90 95 45 45 45 85 85 95 75 95 5 4 4 4 5 5 5 4 5 5 5 4 5 5 5 5.05 15 4.55 65 4.55 65 4.55 65 4.95 05 4.95 05 5.05 15 4.85 95 5. ~5 15 (\tJ' . Ej-~'--~'" ~ ~ _=~ ffi'I"" ",><.1. cn 12: d.g P M - L, ·ma~ <1tV¡ !-efl--s:h.i-F&-~ . .. aR-~. M ....-w.i..J,.±.~J;.;. ~ 10 60 60 60 00 00 10 9:( 90 10 1-.rJ. e-ma":i-e-p- ~ ·W i 11 h-e-. · · · · · · · · · · · · · 20 20 85 05 05 05 'ST'ART . T YEAR '2' YEARS 'Cl;A:SSTFTCi'iTTON 'ETFE'CITVE' 'JULY T \-!AGE SCHEDULE (CON'T) , '1'9' 7 6 7 , January 1, (+8%) ! ! Classification S1:art. .LY"Ëar 2 Year ---. ¡j , '·1 R.N.A. 5,,58 5..68 5.83 ('J Î::, ~ Attendant 5.58 5..68 5.83 '., f Nurses Aide 5.20 5~30 5.45 ~ Craft Supervisor 5.42 5.52 5.67 ri." ,," 5.42 5.52 5.67 Adjuvant Recreation Staff 5.42 5.52 5..67 Charge Laundry & Housekeeping Aide 5.47 57 5.72 Housekeeping Aide 4.93 5..03 5.18 Laundry Aide 4.93 5.03 5.18 Kitchen Aide 4.93 5..03 5.18 Kitchen Maintenance 5.37 5..47 5.62 Driver Maintenance 5.37 5..47 5.62 First Cook 5.47 5..57 5.. 72 Second Cook 5.26 5.36 5.51 Maintenance 5.47 5.57 5.72 Shift Premiums - Employees required ·to work any shift, the major portion of which falls bet.ween 3=00 p. m. and 8:00 ~,.m.. will be paid $1. 55 for each such shift worked. "It is understood between the pa.rties does not cover preferred shifts of work by employees or transfers a.t the request of employees but only covers employees required to work rotating shifta. ~ . ? I I~/ .. "I In 1'1 r.·*~,:,"~~""'~~~~~~" ,-_. LT<:TTr.:ROF UNDERS'J:ANDI~'G between THE CORPORATION OF THE COUNTY OF ELGIN, AT ELGIN MANOR ("Employer") - and - LONDON AND DISTRICT SERVICE WORKERS' UNION, LOCAL 220, S.E.I.U., A.F.L. , C.I.a., C.L.C. ("Union") In accordance with a decision of the Anti-Inflation BO'ard released by letter dated June 9, 1977 and further clarified by letters August 11, September 19 and September 28, 1977 from the A.I.B. the parties recognize the following adjustments and implementation of the Collective Agreement (signed January 21, 1977; arbitrFtion award October 18, 1976) in order to comply with the' A.I.B. directive for a total compensation increase of 8% in the first quideline year, commencing Janua~y 1, 1976, and 6% in the second guideline year, commencing January 1, 1977: Vacations (Article 17) Set aside (not implement) improved vacation programme in 1977 (3 weeks after 4 years service, 4 weeks after 12, 5 weeks after 25). Continue vacation pro~ramme as in previous contract expirin~ December 31, 1975. Uniforms (Article 23) Set aside (not implement) improved uniform allowance of $60.00 per year. Continue uniform allowance as in previous contract expiring December 31, 1975. Heal tho and \1elfare (Article 24) Set aside (not implement) improved health and welfare programme 100% OHIP, 90% E.H.C. (Blue Cross), Group Life Insurance. Continue health and welfare pro.~ramme as in previous contract expiring Deceamber 31, 1975. Jury/Witness Duty (Article 27.01) Set aside (not implement) improved witness duty provision. Continue jury duty provision as in previous contract expir.ing December 31, 1975. Shift. Premium ( NElv) Set aside (not implement) new provision for shift premium allowance. " , i .i1~>\ .--' ~.... ':-~ Page 2 \vages See attached wage schedule, implemented according to A.I.B approval. Employees will be entitled to retroactive settlement based on the above wage scale and in accordance with the procedures for payment of such retroactive wages as contained in the Arbitration Award released October 18, 1976. All other articles and provisions Ðf the collective agreement signed January 21, 1977 not hereby referred to as adjusted shall remain unchanged and in full effect. DATED AT ST. THOMAS, ONTARIO THIS 6th DAY OF OCTOBER 1977 FOR THE _UNION .c'" ( \... ( d -< r; ¡;~ - - , ~ ~.~ Deputy Clerk-Treasurer i r ~~ ,- .. '~.~,~~~ '~'''~~_.- --....~ BLGIN 1'IAN0I1 , h'AGE SCHEDULE A.I.n. APPROVED RATES CLASSIFICATION EFFECTIVE STA!>T 1 YEAR 2 YEAR~ 3 YEARS -- R.N.A. and Sept. 1/75 4.30 4.40 4.50 4.60 ATTENDANT Jan. 1/76 4.63 4.73 4..g3 4.93 Jan. 1/77 4.90 5.00 5.10 5.20 NURSES AID Sept. 1/75 3.95 4..05 4.15 4.25 Jan. J./76 4.28 4.38 4.48 4.58 Jan. 1/77 4.55 4.65 4.75 4.85 ADJUVANT, Sept. 1/75 4.15 4.25 4.35 4.45 C~AFT SUPFnVISOq Jan. 1/76 4.48 4.58 4.68 4.78 '1ECREATIOr'~ Jan. 1/77 4.75 4.85 4.95 5.05 CHARGE LAUNDRY 8, Sept. 1/75 4.,15 4.25 4.35 4.50 HOUSEKEEPING ['lAID Jan. 1/76 4.48 4.58 4.68 4.83 Jan. 1/77 4.75 4.85 4.95 5.10 HOUSEIQmPING Sept. 1/75 3.70 3.80 3.90 4.00 J ,AUNDRY \Jan. 1/76 4.C'J:) 4.] 3 4.23 4.33 KITCHEN ,Jan. 1/77 4.30 4.40 4.50 4.60 KITCHEN & DRIVER Sept. J./75 4.10 4.20 4.30 4.40 MAINTENANCE Jan. J./76 4.4" 4.53 4.63 4.73 Jan. J./77 4.70 4.80 4.90 5.00 FIRST COOK Sept. 1/75 4.20 4.30 4.40 4.50 Jan. 1/76 4.53 4.63 4.73 4.83 Jan. 1/77 4.80 4.90 5.00 5.10 SECOND COOK Sept. 1/75 4.00 4.10 4.20 4.30 Jan. 1/76 4.33 4.43 4.53 4.63 Jan. 1/77 4.60 4.70 4.80 4.90 MAINTENANCE Sept. 1/75 4.20 4.30 4.40 4.50 Jan. 1/76 4.53 4.63 4.73 4.83 Jan. 1/77 4.80 4.90 5.00 5.10 1976 8~ or Average Hourly'Rate or $4.16 = .33(1: per hour ~ 1977 6% 'or AVera~e HourJ.y Rate or $4.49 = .27(1: per hour ,